Re: Comments on the KBRA Chinook Expert Panel Draft Report

Transcription

1 Karl L. Osmundson Project Manager/Senior Biologist Atkins 9275 Sky Park Court, Suite 200 San Diego, California May 10, 2011 Re: Comments on the KBRA Chinook Expert Panel Draft Report Dear Mr. Osmundson, These comments are offered on behalf of the Resighini Rancheria, a federally recognized Tribe with a Reservation located at the top of the Klamath River estuary approximately three miles upstream of the Pacific Ocean. We rely on the river for sustenance, and have since time immemorial, so we are following the Klamath Basin Restoration Agreement (KBRA) and Klamath Hydropower Settlement Agreement (KHSA) with substantial interest. We appreciate the opportunity to comment on the Chinook Expert Panel Draft Report (Goodman et al. 2011) that answers questions about the likelihood of success of the KBRA and KHSA in restoring spring and fall Chinook salmon. The Resighini Rancheria agrees with their findings that the KBRA is not likely to succeed in abating water pollution problems and that re-establishment of Chinook salmon runs to the Upper Klamath Basin is likely to be confounded. The Chinook Expert Panel states that their professional judgment is that chances for KBRA success are low (emphasis added): The documentation and analyses of the likely composition of the KBRA presented to the Panel to date are insufficient to determine if KBRA can adequately address the listed conditions (Section 2). Based on the Panel s past experiences with large rehabilitation projects in other systems, the stream rehabilitation literature (e.g., IMST 2006; Roni et al. 2008), and increased uncertainty of KBRA funding, the Panel has strong reservations that KBRA will be implemented with sufficient effectiveness to achieve its stated goals. (Page 28, Section 3.4) Resighini Rancheria: Comments on KBRA Chinook Expert Panel Draft Report 1

2 KBRA Actions Insufficient to Solve Water Quality Problems The Chinook Expert Panel notes that phosphorous often limits plant growth in aquatic systems, but is not limiting in the Klamath River because it is supplied by Upper Basin volcanic terrain. They point out that nitrogen fixing blue green algae (cyanobacteria) create extremely enriched conditions and nuisance levels of aquatic plant growth that elevate ammonium and ph and depress dissolved oxygen (D.O.) levels, all of which can be harmful to Chinook salmon. This problem is particularly acute in Keno Reservoir, where additional loading of low-quality agricultural drain water combines with an annual die-off of cyanobacteria to produce a region of persistently low D.O. during the summer and fall. All of these effects are exacerbated by high summer-fall temperature and sediment oxygen demand in Keno Reservoir. (Page 12, Section 2.1) The Chinook Expert Panel used U.S. Geologic Survey (2011) D.O. and temperature data to show water quality problems in Keno Reservoir at Miller Island in 2005 (Figure 1). The Washington Department of Ecology (WDOE 2002) reports that chronic D.O. levels of less than mg/l are lethal to Chinook salmon and that adults avoid areas of less than 6 mg/l. Figure 1 is annotated with these references and clearly shows fluctuations below the lethal level for months at a time in Thus, passage of adult Chinook salmon through Keno Reservoir is highly unlikely unless nutrient pollution is reduced. As pointed out in comments on the coho-steelhead Expert Panel report (Higgins 2011) and on the KBRA Draft Drought Plan (Resighini Rancheria Tribal Council 2011), significant quantities of nutrients coming from publicly owned lands in the Tule Lake and Lower Klamath Lake National wildlife Refuges contribute to anoxia in Keno Reservoir. The Chinook Expert Panel urges consideration of more extensive wetland and lake restoration to recover the Klamath s limnological balance: Reductions in irrigated agriculture should be considered for evaluation in lands draining to UKL and the Lost River (including Lower Klamath Lake and Tule Lake) for their feasibility to reduce summer and fall nutrient additions from those waters. Furthermore, the refuges should be managed for fish and wildlife versus agriculture if the basin management objective is rehabilitation of fish species. (Page 15, Section 2.1) The KBRA instead guarantees that the Klamath Project will remain at 200,000 acres and that wetlands and former lake beds in both the Tule Lake and Lower Klamath Lake National Wildlife Refuges will continue to be industrially farmed for the next 50 years. Resighini Rancheria: Comments on KBRA Chinook Expert Panel Draft Report 2

3 Figure 1. This chart shows fluctuations of water temperature and dissolved oxygen in Keno Reservoir in 2005 with lethal levels extending from July through October. Taken from Goode et al where it appears as Figure 4. Threshold references from WDOE (2002). Figure 2. Upper Klamath map with dam locations and added yellow highlight of the Keno Reservoir denoting the location of Chinook passage problems. From Figure 2 in Goodman et al. (2011) Resighini Rancheria: Comments on KBRA Chinook Expert Panel Draft Report 3

4 A major rational for the KBRA and KHSA is the restoration of Chinook salmon runs in the Upper Basin, but the Expert Panel says that will not likely occur while Keno Reservoir continues to be oxygen depleted for weeks or months a year (emphasis added): This period (of anoxia) encompasses a significant portion of the migration period for both fall and spring Chinook salmon that might attempt to gain passage to the upper basin. Therefore, a perpetual trap-and-haul program may be needed to provide adult Chinook salmon with access to the upper basin during much of the migration period. Without solving the water quality problems, a fully selfsustaining run of Chinook salmon to the upper basin is unlikely. Fish Disease Problems May Persist Under the KBRA The Chinook Expert Panel recognized the current conditions below Iron Gate Dam cause highly favorable conditions for the fish disease organism Ceratomyxa shasta and Mayunkia speciosa, its intermediate polychaete host (Stocking et al. 2006). The concentration of C. shasta spores is greatly increased because adult Chinook salmon harbor them and carcasses are concentrated due to the dam and the proximity of Iron Gate Hatchery. The Expert Panel postulates that disease problems may not be remedied because of excess nutrients, but rather the location where they occur may change: Although several aspects of the Proposed Action could lead to a reduction in disease-related mortality, uncertainty about these aspects is very high. Access by Chinook salmon adults to the upper basin could reduce incidence through dilution of the density of carcasses in any one reach. However, the extent of the reduction is uncertain (partly because of the presence of the Iron Gate Hatchery and many carcasses nearby in the mainstem), and this scenario imposes a risk of simply moving the problem to wherever large spawning aggregations occur. The nutrients coming from the highly polluted Keno Reservoir are likely to cause profuse algae blooms in mild gradient streams segments where stream scour is less frequent. Chinook salmon also favor these low gradient reaches for spawning; therefore, mild gradient reaches currently submerged under Iron Gate and Copco reservoirs will likely be points of concentration for both algae and Chinook salmon spawning, setting up zones for fish disease risk similar to the one currently below Iron Gate Dam. Asarian et al. (2010) point out that available nitrogen at the location of Iron Gate Dam after removal of Klamath Hydroelectric Project (KHP) reservoirs will increase in the months of July through September by 45-58%. The Chinook Expert Panel acknowledged the potential significance of the increased nutrient load in the Lower Klamath River. Resighini Rancheria: Comments on KBRA Chinook Expert Panel Draft Report 4

5 Releasing these excessive amounts of nutrients to the Klamath River in the absence of the 4 lower dams means that the river, versus the reservoirs, will process the nutrients, perhaps in the form of excessive Cladophora biomass or increased periphyton production down river. These changes could elevate ph, lower night time dissolved oxygen, and cause gas supersaturation during afternoons in local areas. They Expert Panel did not dwell on the fish health effects of increased ph and decreased D.O. on susceptibility of juvenile Chinook to disease, but they are likely to elevate cumulative stress and lower disease resistance in the Lower Klamath River (Hoopa TEPA 2008). Concern Regarding KBRA Flows, Climate Cycles and Climate Change The Chinook Expert Panel expresses concern that the flows under the KBRA will be less than those required by the National Marine Fisheries Service Biological Opinion (NMFS 2010) for coho salmon: The current Biological Opinion reserves more water for fish than that offered under KBRA. Resolving such potential conflicts may trump or substantially alter agreements developed under the Proposed Action and Current Conditions. The principal departure of flows will be reduction in the Lower Klamath River during the winter while Upper Klamath Lake will be maintained at higher levels. Although the latter may benefit sucker species, another major reason for keeping water stored in the lake is its availability for agriculture in the Klamath Project (Resighini Rancheria 2011). As noted in previous comments (Higgins 2011, Resighini Rancheria 2011), we believe that further departure of flows from those with which Chinook and other Pacific salmon species co-evolved will lessen the chances for their restoration and long term survival based on ecological restoration principals (SEC 2004). The Expert Panel did express concern over increased disease risk due to reduced flows in spring under the KBRA: The predicted shift of several days of higher spring water temperatures (and consequent higher myxozooan infection rates) in the lower Klamath River under the Proposed Action could reduce Chinook salmon outmigrant success to the degree that it increases disease incidence. Resighini Rancheria: Comments on KBRA Chinook Expert Panel Draft Report 5

6 The Chinook Expert Panel lists a number of expected changes in the Klamath River Basin as a result of climate change, such as increased air and water temperature, decreased snow pack, reduced base flows, and increased flood flows (rain on snow events). They acknowledge multi-decade long patterns in precipitation due to the Pacific Decadal Oscillation (P.D.O.) that may be exacerbated in the future by climate change. They examined weather records and found precipitation at Keno and Tule Lake during past PDO dry cycles ( ) was 20-26% less than our current wet cycle ( ). This suggests that planning should include reduction in the footprint of agriculture and water demand because future dry cycles will likely be even more extreme. The migratory access to the Upper Basin due to dam removal is referred to as having a buffering effect on Chinook salmon by the Expert Panel, but they express concern that it will be insufficient for populations to be maintained or expanded because of climate change and undiminished agricultural water use under the KBRA: The buffering effect of greater upper basin access must not be overwhelmed by climate change, or by a climate regime shift wherein drought and continued high agricultural water demands are persistent features. The Resighini Rancheria (2011) shares these concerns because KBRA (Appendix E-5) model runs for future drought or extreme drought years indicate that flows will drop to as low as cubic feet per second (cfs) from July through September, when 758 cfs in September 2002 triggered the 70,000 adult salmon fish kill. Scientific Prioritization and Adaptive Management The Chinook Expert Panel did not see a strong linkage between scientific studies in the Klamath Basin and how they would drive management under the KBRA. They are concerned that the KBRA is similar to other large scale programs that are more concerned that restoration actions themselves are completed, irrespective of their effectiveness. Panel members have had considerable experience working with large rehabilitation programs, most of which have taken this rather rigid approach, with scientific involvement confined mostly to review panels and ancillary research or monitoring programs. With very few exceptions, these programs have spent large sums of money on actions that were believed in advance to be effective, without a mechanism for actually determining their effectiveness and applying lessons learned to adjust and refine actions. It is no surprise that many of the actions taken under these programs have, in fact, been ineffective. Resighini Rancheria: Comments on KBRA Chinook Expert Panel Draft Report 6

7 Adaptive management is a process where information is strategically collected to gauge success of a program s activities and subsequent actions are modified based on new understanding derived from study results. Although the KBRA (11.4.3) invokes adaptive management, the Chinook Expert Panel does not believe there is a commitment to it in practice (emphasis added): Conclusion Adaptive management has had a mixed record, mainly because of institutional resistance to its proper implementation and because many agencies use the term too loosely; the description of adaptive management in the KBRA reflects this watered-down version in which the scientific activities are seen as external to the rehabilitation, and the KBRA as written has no provisions for the feedback necessary for adaptation of the program. (Page 17, Section 2.3) The Chinook Expert Panel recognizes that much more agricultural land needs to be returned to marsh and lakes than is currently planned by the KBRA, if salmon recovery is to be achieved. They find the prospects of successful re-introduction of Chinook salmon into the Upper Basin unlikely because of unabated, acute pollution within the Keno Reservoir. They also express concern that similar conditions to those below Iron Gate Dam that cause frequent disease juvenile salmonid epidemics will occur at other geographic locations because of persistent nutrient problems. Many of the Chinook Expert Panel conclusions are similar to those of the just completed coho salmon and steelhead Expert Panel (Dunne et al. 2011). The Resighini Rancheria hopes that the perspective provided by these imminent experts will materially change the direction of the KBRA and KHSA or lead to their termination. Sincerely, Rick Dowd Resighini Rancheria Tribal Council Chairman References Asarian, E. J. Kann, and W. Walker River Nutrient Loading and Retention Dynamics in Free-Flowing Reaches, Final Technical Report to the Yurok Tribe Environmental Program, Klamath, CA. 59pp + appendices. Resighini Rancheria: Comments on KBRA Chinook Expert Panel Draft Report 7

8 Dunne, T., G. Ruggerone, D. Goodman, K. Rose, W. Kimmerer and J. Ebersole Klamath River Expert Panel Final Report: Scientific Assessment of Two Dam Removal Alternatives on Coho Salmon and Steelhead. Published April 25, Funded by U.S. Fish and Wildlife Service but produced with assistance from Atkins Company, San Diego, CA. 380 p. Goodman, D., M. Harvey, R. Hughes, W. Kimmerer, K. Rose, and G. Ruggerone DRAFT REPORT: Scientific Assessment of Two Dam Removal Alternatives on Chinook Salmon. Funded by U.S. Fish and Wildlife Service but produced with assistance from Atkins Company, San Diego, CA. 172 p. Higgins, P.T Comments on the KBRA Coho Salmon and Steelhead Expert Panel Draft Report for the Resighini Rancheria. Patrick Higgins, Consulting Fisheries Biologist, Arcata, CA. Hoopa Valley Tribe Environmental Protection Agency (HVTEPA) Water Quality Control Plan Hoopa Valley Indian Reservation. Approved September 11, 2002, Amendments Approved February 14, Hoopa Tribal EPA. Hoopa, CA. 285 p. National Marine Fisheries Service (NMFS) Operation of the Klamath Project between 2010 and File Number SWR2008AR March 15, NMFS SW Region, Arcata, CA. 236 p. Resighini Rancheria Comments on the Klamath Basin Restoration Agreement Draft Drought Plan. Submitted April 15, Resighini Rancheria, Klamath, CA. Society for Ecological Restoration (SER) The SER International Primer on Ecological Restoration. Society for Ecological Restoration International Science & Policy Working Group. SER, Tuscon, AZ. Stocking, R. W., R. A. Holt, J. S. Foott and J. L. Bartholomew Spatial and temporal occurrence of the salmonid parasite Ceratomyxa shasta (Myxozoa) in the Oregon-California Klamath River Basin. Journal of Aquatic Animal Health. 18: U.S. Geologic Survey Website with Upper Klamath water quality data. Washington Dept. of Ecology (WDOE) Evaluating Criteria for the Protection of Aquatic Life in Washington's Surface Water Quality Standards: Dissolved Oxygen. WDOE, Olympia, WA. 97 pp. Resighini Rancheria: Comments on KBRA Chinook Expert Panel Draft Report 8

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